A. This Section establishes the circumstances, conditions and procedures to obtain a Certificate of Appropriateness from the Historic Preservation Commission as it pertains to exterior architectural features, applications for a permit from the Zoning Officer and/or Construction Official or for applications for development for properties in any Historic District Zone District or for designated historic sites situated elsewhere in the Township. No zoning permit where such is required shall be issued unless a Certificate of Appropriateness has been issued previously by the Historic Preservation Commission and when additionally required an approval has been granted by the appropriate Neptune Township Planning Board or Zoning Board.
B. It shall be the duty of the Zoning Officer or his designee of the Township to review and submit to the Historic Preservation Commission all plans for the construction, alteration, repair, restoration or demolition of structures located in any Historic District Zone including any changes in the existing exterior elements of the building and other improvements on the site that can be seen from the outside, except for landscaping outside of the Historic Flared Avenue Open Space and walls less than eighteen (18") inches in height. All applications for site plan, subdivision, variance, conditional use, appeal or interpretation as is specified herein shall additionally be reviewed in accordance with the requirements of this Ordinance. [NOTE: This Section 900.B has been amended per Ordinance No. 02-41]
C. No building or structure shall be erected, reconstructed, altered, restored or demolished until the Historic Preservation Commission shall approve an application for a building or demolition permit in relation to those exterior architectural features which are subject to public view from a public street or place.
In addition to the prevailing applicable submission requirements of the Township for zoning permits, development applications, demolition or relocation permits and any other actions that would affect the exterior appearance of a structure or of its site, the following requirements also pertain to properties located in an Historic District or other formally designated sites elsewhere in the Township. The following (in two (2) copies each) shall be submitted with the application for a Certificate of Appropriateness to the Secretary of the Historic Preservation Commission.
A. RESERVED. [Deleted per Ordinance No. 02-41]
B. Drawings at a scale of not less than one-fourth inch equals one (1/4 = 1') foot showing the proposed improvements in the plan and changes of all affected elevations; drawings shall be prepared by either a licensed architect or by the property owner, accompanied by an affidavit of ownership and shall contain the name of the person who prepared the plan and the date of preparation, as required by the laws of the State of New Jersey. This requirement shall not apply to applications relating to single-family dwellings where construction permits are not required.
C. Drawings shall be in sufficient detail to show the conformity of the proposal with the particular architectural style of the structure as documented by prototype drawings contained in Design Guidelines or other accepted sources and the general compatibility and appropriateness of the applicant's proposal and show dimensional relationship to adjoining structures.
D. As-built drawings at a scale of one-fourth inch equals one (1/4=1') foot or photographs of all sides of the structure in its present design and condition to enable the Historic Preservation Commission to determine the compatibility of the applicant's proposal with the design type and existing characteristics of the structure.
E. Detailed information shall be provided on the construction materials, color, design and any of the following or other elements of the proposal to provide a clear and comprehensive understanding for the Historic Preservation Commission in its determination of the compatibility of the proposal:
1. Roof design materials and surfacing;
2. Walls, siding, pattern of shingles and painting;
3. Windows: style, relationship to each other, awnings, shutters;
4. Doors;
5. Ornaments or trim, awnings, screening or privacy screening;
6. Colors/materials (see color chips available in the Office of the Secretary of the Historic Preservation Commission);
7. Railings, porches, fences, gutters and leaders;
8. Chimneys;
9. Fences; Walls greater than eighteen (18") inches in height. [NOTE: This section 901.E.9 has been amended per Ordinance No. 02-41];
10. Garbage can enclosures, trash receptacles, dumpsters, accessory structures and pool; [NOTE: This section 901.E.10 has been amended per Ordinance No. 02- 41]
11. Garages, carports, driveways, sidewalks, patios and curbs/curb cuts;
12. Signs, vending machines, lighting and telephones;
13. TV antennas, communication antennas and other exterior communication devices;
14. Solar energy installations;
15. Outdoor furniture for accessory use of a principal (nonresidential) use such as a restaurant's outdoor eating section;
16. Street furniture generally relative to a public use or a semi-public (e.g., Camp Meeting Association) user;
17.For new construction, except single-family dwellings , utilities shall be placed underground and site plans shall show the placement of same; statements from the relevant public utility company may be requested by the Historic Preservation Commission.
The following types of applications shall be subject to review by the Historic Preservation Commission for a Certificate of Appropriateness (other than those aspects of an application for development which has been approved by the Planning Board or Zoning Board of Adjustment, as the case may be):
A. Any exterior alteration on existing structures or buildings or other improvements on their sites, including, but not limited to: windows, doors, shutters, balustrades, railings, columns, cornices, moldings, trim, stairs, steps, porches, walks, patios, siding, gutters, signs, solar panels, fences, walls greater than eighteen (18") in height, and roofs, etc. in any historic zone district or other designated sites in the Township. The repainting of any exterior existing structure, building or improvement in the same color shall be specifically excluded from the requirements of this subsection. In addition to the above-mentioned exclusions, any painting of any part of the exterior, existing structure, building or improvement in any of the historic colors approved by the Historic Preservation Commission by resolution and on display in the office of the Secretary of the Historic Preservation Commission shall be specifically excluded from the requirement of this section of the application. [NOTE: This section 902.A has been amended per Ordinance No. 02-41]
B. Applications for construction permits for new construction or alteration in any historic zone district.
C. Applications for construction permits to demolish a structure in any historic zone district or any other designated site in the Township.
D. Applications to relocate a structure in a historic zone district or any other designated site in the Township.
E. The construction of new sidewalks or changes to existing sidewalks within the public right-of-way.
A. Persons interested in obtaining Historic Preservation Commission approval for proposed work are encouraged to apply directly to the Historic Preservation Commission for review and approval. At their option, they may apply to the Administrative Officer.
B. A presentation for review before the Historic Preservation Commission shall be set for no later than forty-five (45) days from receipt by the Historic Preservation Commission of the complete application.
C. Notice of such a review shall be sent by regular mail or personal delivery to the applicant with a copy to the Construction Official and if the application was referred to the Historic Preservation Commission by the Planning Board or Zoning Board of Adjustment, a copy shall be sent to the Planning Board or Zoning Board.
D. The Historic Preservation Commission may take testimony from the applicant or any other interested party which is necessary and relevant for its architectural review.
A. Within forty-five (45) days from the receipt by the Historic Preservation Commission of a complete application or such additional period of time as extended by mutual consent by the applicant and the Historic Preservation Commission, the Historic Preservation Commission shall make a determination and report as to whether the proposal is consistent with the regulations set forth in this chapter.
B. For an application for the issuance of a permit from the Zoning Officer and/or Construction Official, if within the forty-five (45) days of referral of a permit application to the Historic Preservation Commission, the Historic Preservation Commission recommends against the issuance of the permit and does not grant a Certificate of Appropriateness or recommends conditions to the permit in the form of a Certificate of Appropriateness, the Zoning Officer and/or Construction Official shall deny the issuance of the permit or include the conditions in the permit as the case may be.
C. Failure to make a determination within the forty-five (45) day period, unless extended as set forth in paragraph A above, shall be deemed to constitute the issuance of the Certificate of Appropriateness without the recommendations of conditions to the Certificate of Appropriateness.
D. For applications before the Planning Board or Board of Adjustment, advice shall be conveyed through the delegation of one (1) of Historic Preservation Commission's members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
A. Issuance of a Certificate of Appropriateness shall be deemed to be final approval pursuant to this Article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested vis-a-vis the site or structure in the historic district.
B. A denial of a Certificate of Appropriateness shall be deemed to preclude the applicant from undertaking the activity applied for.
Any decision by the Historic Preservation Commission to deny a Certificate of Appropriateness or a demolition permit may be appealed to the Zoning Board of Adjustment in the manner set forth in Section 706 (Appeals and applications to the ZBOA) of the Zoning Ordinance. The applicant shall also be required to provide the Historic Preservation Commission with written notice of such an appeal simultaneously with the filing of the appeal to the Zoning Board of Adjustment.
The Township Committee declares that revisions to the demolition application procedure for all structures located within Ocean Grove are critical to insure historic preservation and to maintain the designation of Ocean Grove as a National Historic District. To insure preservation, the Township Committee concludes that revisions to the demolition application procedure are necessary in order to establish strict guidelines to provide for the review and evaluation of demolition applications so as to prevent widespread demolition of historic structures within Ocean Grove. The Township Committee states that all applications for demolitions or partial demolitions shall be submitted, reviewed and determined by the Historic Preservation Commission in accordance with the within ordinance. Further, the Township Committee is determined to impose sanctions for those property owners or developers within Ocean Grove who unilaterally act to demolish or partially demolish a structure within Ocean Grove without the requisite approvals as required herein. The Township Committee declares that such actions are necessary to preserve the historic character of Ocean Grove and the designation of Ocean Grove as a National Historic District. The Township Committee further declares that the process to review and consider demolition and partial demolition applications should further include a clear and concise appeal process for any Applicant who believes the Historic Preservation Commission has acted arbitrarily in the review and determination of any application. Finally, the Township Committee believes that such revisions are necessary to clearly define the rights and responsibilities of all applicants, property owners and the Historic Preservation Commission in the evaluation of all demolition applications within Ocean Grove.
As used in this ordinance, the following terms shall have the following subscribed meanings:
(a) DEMOLITION: shall mean the total demolition of fifty (50%) per-cent or more of the exterior walls, visible pier foundations and, as applicable, alterations, refinements or removal to the roof assembly (as defined herein) including any ornamentation, eyelids, soffits, overhangs, dormers, turrets, towers or roof form of any structure, as determined by a qualified professional, situate within the Historic District and which shall consist of the razing or removal of said structure and/or the removal of such of the distinguishing or defining characteristics (as applicable) to the style of such structure or the removal of any architecturally or historically significant exterior elements from the structure which define or contribute to its classification within the Historic District. Demolition, as defined herein, shall require any owner to obtain a demolition permit in accordance with the requirements established herein and any such additional requirements as established by the Construction Department. Any such Demolition Permit shall be issued by the Construction Official. Nothing herein shall excuse compliance with all applicable ordinances of the Township of Neptune related to Land Use.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 09-42.
(b) PARTIAL DEMOLITION: shall mean the removal or demolition of not less than fifteen (15%) per-cent nor more than fifty (50%) per-cent of the exterior walls visible pier foundations and, as applicable, alterations, refinements or removal to the roof assembly (as defined herein) including any ornamentation, eyelids, soffits, overhangs, dormers, turret, towers or roof form of any Key, Supporting or Contributing Structure located within the Historic District, as determined by a qualified professional and approved or confirmed by the Commission and/or the removal of such architecturally or historically significant features which would compromise the classification of a structure within the Historic District as determined by the Commission. An Owner seeking to partially demolish a portion of a Key, Supporting or Contributing Structure shall obtain a demolition permit in accordance with the requirements established herein and any such additional requirements established by the Construction Department. Any such Demolition Permit will be issued by the Construction Official. Partial Demolition shall not include those structures classified as "Other Structures", by the Commission, which shall not require a formal demolition application for a partial demolition. However, an Applicant shall be required to obtain a Certificate of Appropriateness from the Commission upon application and approval. Nothing herein shall excuse compliance with all applicable ordinances of the Township of Neptune related to Land Use.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 09-42.
(c) STRUCTURE : shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land; provided the word "structure" shall be construed when used herein though followed by this the phrase "or part or parts thereof and all equipment therein" unless the context requires a different meaning and shall include any commercial building of any type, residential or non- residential building or dwelling of any type or character, located within the Historic District, including all accessory or other structures as defined in the Land Development Ordinance, Township of Neptune.
(d) HISTORIC DISTRICT : shall include any structure, commercial building of any type, residential or non-residential building or dwelling situate within that portion of Neptune Township identified as Ocean Grove
(e) COMMISSION : as used herein Commission shall mean the "Neptune Township Historic Preservation Commission", "Historic Preservation Commission" or the "HPC".
(f) ILLEGAL DEMOLITION : Any demolition or partial demolition of a structure within the Historic District undertaken, commenced, started, completed or otherwise proceeding without first obtaining a demolition approval from the Historic Preservation Commission (except as may be provided pursuant to Section 17 (Exceptions) and an actual demolition permit issued by the Construction Official shall be deemed an illegal demolition for purposes of this ordinance.
(g) KEY STRUCTURE : Includes all structures located within Ocean Grove originally constructed circa 1869 through 1910 which generally include building styles identified as Eastlake, Gothic Revival, Italianate, Stick Style, Queen Anne, Tent/tent Cottages, Bungalow/Craftsman and Early Summer Cottage Vernacular styles as classified or recognized by the Commission. Key structures shall not be demolished except where the Commission determines that such demolition or partial demolition shall not be detrimental to the historic designation and shall satisfy the criteria established herein. Key structures shall be carefully scrutinized by the Commission prior to the issuance of a demolition approval and the issuance of a demolition permit by the Construction Official; to demolish or partially demolish a Key Structure within the Historic District.
(h) CONTRIBUTING STRUCTURE : Includes those structures located within Ocean Grove originally constructed circa 1910 through1941 which generally include consisting primarily of Colonial Revival, Shingle Style, American Four-Square, Bungalow/Craftsman and other Late Pattern Book Victorian as classified or recognized by the Commission. Contributing structures shall not be demolished except where the Commission determines that such demolition or partial demolition shall not be detrimental to the historic designation and shall satisfy the criteria established herein. Contributing structures shall be carefully scrutinized by the Commission prior to the issuance of a demolition approval and the issuance of a demolition permit by the Construction Official to demolish or partially demolish a Contributing Structure within the Historic District.
(i) SUPPORTING STRUCTURES : Includes those dwellings or structures constructed through World War II to date which sensitively replicate, emulate or complement the historic styles of the Victorian Era or the basic form or detail of the historic dwellings which preceded them as classified or recognized by the Commission. Supporting structures shall not be demolished except where the Commission determines that such demolition or partial demolition shall not be detrimental to the historic designation and shall satisfy the criteria established herein. Supporting structures shall be carefully scrutinized by the Commission prior to the issuance of a demolition approval and the issuance of a demolition permit by the Construction Official to demolish or partially demolish a Supporting Structure within the Historic District.
(j) OTHER STRUCTURES : Includes those dwellings or structures constructed after World War II which may not contribute to the overall historic styles or craftsmanship of its preceding historic dwellings or structures as classified or recognized by the Commission.
(k) ZONING BOARD OF ADJUSTMENT : as used herein, "Zoning Board of Adjustment" or "Zoning Board" shall mean the "Neptune Township Zoning Board of Adjustment".
(l) TECH REVIEW COMMITTEE : as used herein, shall mean a sub committee of the Historic Preservation Commission consisting of a minimum of two (2) Commission members who shall periodically meet to review current or pending demolition applications or those cases involving potential illegal demolitions and to review the demolition application process with current or future Applicant's in order to resolve any procedural questions or inquiries by any such Applicant and to make such other recommendations to the Commission as may be required under this Ordinance.
(m) DISTINGUISHING OR DEFINING CHARACTERISTICS : as used herein shall refer to those architecturally or historically significant elements of a structure, including, but not limited to; the style of the structure, massing, exterior features including, materials, finials, brackets, ornamental designs, turrets, gables, pents, roofline or such other features applicable to that structure or era of construction.
(n) EXTERIOR WALL : as used herein shall mean a wall, bearing or non-bearing, that is used as an enclosing wall for a structure, other than a fire wall, and that has a slope of sixty (60) degrees (1.05 rad) or greater with the horizontal plane.
(o) DEMOLITION BY NEGLECT : shall result in the demolition or partial demolition of any structure created or occurring by decay, rot and/or deterioration of such structure caused or created by the neglect of the Owner of the said structure to properly maintain the structure causing the structure to become unsafe.
(p) QUALIFIED PROFESSIONAL : shall mean an expert qualified in the field of engineering, structural engineering, architecture, architectural history, prehistoric archeology or historic archeology or similar related discipline.
(q) DEMOLITION APPLICATION OR DEMOLITION APPLICATION PROCESS : shall mean the process by which an Applicant applies to the Historic Preservation Commission for an approval to demolish or partially demolish a structure within the Historic District as provided herein. A demolition approval granted by the Historic Preservation Commission advises the Construction Official that the Applicant has satisfied the requirements hereunder and authorizes the Construction Official to issue a permit for a demolition or partial demolition subject to any further additional requirements of the Construction Official provided under Neptune Township Ordinance, applicable current state regulations or building codes.
(r) DEMOLITION APPROVAL : shall mean an approval issued by the Historic Preservation Commission for a demolition or partial demolition pursuant to the terms herein which authorizes the Construction Official to issue a permit for a demolition or partial demolition to the Applicant subject to any further additional requirements of the Construction Official provided under Neptune Township Ordinance, applicable current state building regulations or building codes.
(s) PIER FOUNDATIONS: shall mean and consist of any isolated masonry or cast-in-place concrete structural elements extending into firm materials which are visible on the structure.
**Webmasters Note: The previous definition has been added as per Ordinance No. 09-42.
(t) ROOF ASSEMBLY: shall mean a system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and roof deck. A roof assembly includes the roof deck, vapor retarder, substrate or thermal barrier, insulation, vapor retarder and roof covering.
**Webmasters Note: The previous definition has been added as per Ordinance No. 09-42.
An Applicant seeking to demolish or partially demolish a structure within the Historic District shall first submit an application for a demolition approval to the Secretary, Historic Preservation Commission, on forms prepared or otherwise prescribed by the Commission. The Applicant shall provide their name, address and telephone number. In the case of a contract purchaser, developer, contractor or tenant, the Applicant shall further provide a written certification or affidavit from the Property Owner authorizing said contract purchaser, developer, contractor or tenant to proceed with the demolition application. The Secretary shall cause said certification or affidavit to be placed on file with the Commission. Upon receipt of the completed application, the Secretary, Historic Preservation Commission shall schedule the Applicant for a meeting with the Tech Review Committee to review the demolition application process.
All applications for demolition or partial demolition shall initially be reviewed by the Tech Review Committee of the Commission. The Tech Review Committee shall meet with each applicant and review each application for demolition or partial demolition. In the event the Tech Review Committee determines that the application is appropriate for demolition or partial demolition, than the Secretary shall cause the application to be listed for a demolition hearing before the full Historic Preservation Commission. If the Tech Review Committee determines that the application does not require a demolition hearing, it may convert the application into an application for a Certificate of Appropriateness and schedule said application for consideration by the Commission, subject to final approval by the Commission.
An Applicant scheduled for a Demolition Hearing pursuant to an application submitted for demolition or partial demolition shall, a minimum of ten (10) days prior to the Demolition Hearing, submit the following to the Commission Secretary:
(a) Any and all escrow and application fees as required by the Neptune Land Development Ordinance for the within application.
(b) Executed Notice of Hearing mailed to all property owners within 200 feet of the subject property and all governmental or public entities as required under Neptune Township Ordinance, inclusive of The Township of Neptune Historical Society, Historical Society of Ocean Grove, State Office of Historic Preservation, State Historic Sites Committee, Office of Archaeology and Historic Preservation and the Department of the Interior and National Trust for Historic Preservation
(c) Certification or Affidavit of Mailing of such Notice of Hearing to all property owners within 200 feet of the subject property and all governmental or public entities as required under Neptune Township Ordinance.
(d) Affidavit of Publication for publication of a notice of hearing which shall have been published no sooner than twenty (20) days prior to the scheduled hearing date or later than ten (10) days prior to the scheduled hearing date in an official newspaper of the Township of Neptune. The within notice shall identify the nature of the application, a description of the application sought, the physical address of the subject property, the lot and block number, the date, time and location of the demolition hearing and the telephone number of the Commission Secretary who can provide additional information on the application.
(e) Copies of any maps or surveys, photographs or reports of experts retained by the Applicant to be presented at the demolition hearing.
(f) Such other documentation as may be requested by the Commission.
Prior to the date fixed for the requisite demolition hearing required herein, the Applicant shall make the subject property available to members of the Historic Preservation Commission for their review and inspection. The dates and times of inspection shall be arranged between the Commission Secretary and the Applicant and shall be at such times deemed convenient for Commission members to attend. The Applicant or his representative shall be present during any such inspection.
The Commission may, from the escrow paid by the Applicant, retain an expert(s) for the purpose of independently reviewing any such reports, treatises or other documents submitted by the Applicant or any expert retained by the Applicant relative to the demolition application. Any expert(s) retained by the Commission shall have access to all reports relative to the application and shall further have access to the subject property at such times as may be arranged between the Commission Secretary and the Applicant. At the direction of the Commission, any such expert(s) retained may be required to submit a written report and/or provide such expert testimony as may be requested during the demolition hearing. The cost of such expert shall be the responsibility of the Applicant and shall be paid from the escrow collected from the Applicant pursuant to Neptune Township Ordinance 1000, Table II, Escrow Fees. At the request of the Commission Secretary, the Applicant shall make such additional escrow payments or contributions necessary to defer any costs relative to this application including such application fees, expert fees, legal fees and Court Reporting or transcript preparation fees incurred by the Commission relative to the application.
